A Five Part Plan For Patent Reform

The patent system is an important motivator for new technology. But in its present state, the patent system has problems and loopholes that allow for abuse and exploitation, harming rather than promoting innovation.

In this white paper, we look at how to fix those problems in patent law, by identifying areas that are currently abused and that require reform. Those five areas are:

Accounting for all inventors. The standards for patenting must account for all types of inventors, large and small, and especially those who work outside the patent system.

Clarity of patents. Patents are intended to disseminate knowledge about new inventions and technologies. Thus, patent documents must be made clear and understandable, so that they serve that function.

Targeting the right parties. Threats of complex patent litigation, levied against consumers, small companies, and non-technology businesses, stifle innovation without any corresponding benefit to inventors.

Avoiding gamesmanship in litigation. Licensing and enforcement of patents should be about the merits of the patents, not about a party’s ability to run its opponents into the ground with litigation costs.

Maintaining competition in the innovation economy. Patent owners ought to use their patents in ways consistent with long-standing principles favoring a competitive marketplace.